Police granted time on couple’s request for bail
Police have been granted more time to file an affidavit in response to an application for bail by an Eastleigh couple facing terrorism related charges.
The accused, Mr Hassan Mahat Omar and his wife Fardosa Mohamed Abdi, are charged with being in possession of two hand grenades and committing a terrorism act.
They deny the charges and have applied to be released on bond.
Prosecutor Isaiah Mwirega said they had not replied to the application for bond because the investigation officer was unable to file a replying affidavit because he had been assigned other duties in Mombasa.
Defence lawyer Wilson Ngaira urged the court to consider the plight of the accused and ask the prosecution to “put their house” in order saying the accused are anxious to know whether they will be released on bail.
Nairobi acting senior principal magistrate Ms Elena Nderitu said the accused shall suffer no prejudice by granting the prosecution time to respond to the application.
Ms Nderitu said the response from the prosecution will also allow the court to arrive at a fair decision.
The have been in remand at Industrial area and Lang’ata Women’s remand prisons respectively.
The magistrate however allowed an application by Ms Ali to be taken to Kenyatta National Hospital for treatment.
Through their lawyer, Ms Ali asked the court to allow her be escorted to hospital for specialized treatment and that she was ready to pay for the medical bills.
Prosecutor Mwirega had opposed the application saying there are medical facilities at the prison where Ms Ali can be attended to.
“The medical officer can refer her to various hospitals. It is not for the accused to decide which hospital,” said Mr Mwirega argued.
The couple were allegedly found in possession of the grenades during a police raid on April 1 at Madina Apartments in Eastleigh Section 7.
Prosecution is opposed to their application for bail on ground that they are a security threat to the country and its citizens.
The magistrate directed the case to be mentioned on Friday.